Madras High CourtCRL OP(MD)/253/2023disposed of

Albathroon Nisha v. The Superintendent Of Police

2023-01-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Albathroon Nisha ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police District Crime Branch, Ramanathapuram District.

3.The Inspector of Police, C.B.C.I.D., Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation of the case in Crime No.26 of 2019 from the file of the Inspector of Police, District Crime Branch, Ramanathapuram District to the file of the Inspector of Police, C.B.C.I.D., Ramanathapuram District.

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For Petitioner : Mr.R.Anand For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to transfer the investigation of the case in Crime No.26 of 2019 from the file of the Inspector of Police, District Crime Branch, Ramanathapuram District to the file of the Inspector of Police, C.B.C.I.D., Ramanathapuram District.

2. Originally, FIR came to be registered in Crime No.26 of 2019 against one Praveen Kumar for the offences under Sections 406 and 420 IPC.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that after investigation, final report was filed as 'undetected' and the petitioner has challenged the final report before the learned jurisdictional Magistrate Court and the learned Magistrate vide order dated 01.11.2022 directed the second respondent 2/4

herein to further investigate the case and file a report before the Court within 30 days from the date of receipt of that order. He would further submit that investigation is pending.

4. The learned counsel appearing for the petitioner would submit that the petitioner has already produced all the evidences with the second respondent.

5. Considering the above and also the submissions made on either side, the second respondent is directed to file a report as directed by the Judicial Magistrate No.II, Ramanathapuram within a period of one month from the date of receipt of a copy of this order and the first respondent is directed to monitor the investigation.

6. With the above directions, this Criminal Original Petition stands disposed of.

06.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police District Crime Branch, Ramanathapuram District.

3.The Inspector of Police, C.B.C.I.D., Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 06.01.2023 4/4